If you’ve been injured in a motorcycle accident in Arkansas, one of the first questions on your mind is probably how you’re going to pay for your medical bills.
The good news is that health insurance typically does cover injuries from motorcycle accidents, but there are important details, limitations, and potential complications you need to understand before assuming your costs will be fully taken care of.
This article breaks down exactly how health insurance works after a motorcycle crash in Arkansas, what other insurance options may apply to your situation, and the pitfalls you’ll want to avoid when dealing with multiple insurance companies.
How Health Insurance Applies to Motorcycle Accident Injuries
Your health insurance policy generally covers medical treatment for injuries you sustain in a motorcycle accident, just as it would cover treatment for any other injury or illness.
This includes emergency room visits, hospital stays, surgeries, diagnostic imaging, physical therapy, and follow-up care with physicians.
The key reason health insurance covers these injuries is that most policies don’t distinguish between how you got hurt. They simply cover medically necessary treatment for their policyholders.
However, the fact that your health insurance will pay for treatment doesn’t mean it’s free or without complications.
You’ll still be responsible for your normal out-of-pocket costs, including deductibles, copays, and coinsurance amounts.
If you have a high-deductible health plan, which has become increasingly common, you could face thousands of dollars in expenses before your insurance coverage kicks in fully.
For serious motorcycle injuries, which often involve broken bones, road rash, head trauma, or spinal damage, medical bills can quickly reach tens of thousands or even hundreds of thousands of dollars.
Policy Exclusions You Need to Check
While most health insurance policies cover motorcycle accident injuries, some policies contain exclusions or limitations you should be aware of.
Certain policies, particularly older or more restrictive plans, may include “motor vehicle exclusions” that limit or deny coverage for injuries sustained in vehicle accidents.
The reasoning behind these exclusions is that auto insurance is expected to be the primary coverage for vehicle-related injuries.
Before you assume your health insurance will cover everything, pull out your policy documents and look for any language about motor vehicle accidents, recreational vehicles, or hazardous activities.
If you find exclusionary language, don’t panic.
This doesn’t mean you have no options.
It does mean you need to understand exactly what your policy says and explore other coverage sources, which we’ll discuss below.
Another important consideration is whether your health insurance plan is through your employer and governed by ERISA (Employee Retirement Income Security Act).
ERISA plans have specific rules about how they interact with injury claims and third-party settlements that can significantly impact your financial recovery.
The Subrogation Issue: What Most People Don’t Realize
Here’s something that catches many motorcycle accident victims off guard: even when your health insurance pays for your treatment, they may have the legal right to get that money back.
This is called subrogation, and it’s written into almost every health insurance contract.
Subrogation means that if your health insurance pays for injuries caused by someone else’s negligence, and you later receive a settlement or verdict from the at-fault party, your health insurer can claim reimbursement from your recovery.
In Arkansas, health insurance companies aggressively pursue subrogation claims, and federal law under ERISA gives employer-sponsored plans strong rights to recover what they paid.
For example, imagine your health insurance pays $50,000 for your motorcycle accident treatment, and you later settle your injury claim against the at-fault driver for $100,000.
Your health insurance company may be entitled to recover that $50,000 from your settlement, leaving you with significantly less than you expected.
This is one of the most important reasons why having a personal injury attorney review your case matters.
Proper handling of subrogation claims can sometimes reduce what you owe back to the insurance company, putting more money in your pocket.
Other Insurance Coverage That May Apply to Your Motorcycle Accident
Health insurance is just one piece of the puzzle when it comes to paying for motorcycle accident injuries in Arkansas.
Understanding all the potential sources of coverage can help you minimize your out-of-pocket expenses and get the medical care you need.
The At-Fault Driver’s Liability Insurance
Arkansas is an “at-fault” state, which means the person who caused the accident is financially responsible for the damages they caused.
Under Arkansas Code § 27-19-601, all drivers must carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for total bodily injury, and $25,000 for property damage.
If another driver caused your motorcycle accident, their liability insurance should cover your medical bills, lost wages, pain and suffering, and other damages.
However, there’s a significant problem with relying solely on the at-fault driver’s insurance: the minimum coverage amounts are often nowhere near enough to cover serious motorcycle injuries.
A motorcycle accident victim with a traumatic brain injury, multiple fractures, or spinal cord damage can easily have medical bills exceeding $100,000 or more.
If the at-fault driver only carries the state minimum of $25,000 in coverage, you’re left with a huge gap between what their insurance pays and what you actually owe.
This is where your health insurance becomes critical as a secondary source of coverage, even though subrogation may apply later.
Medical Payments Coverage (MedPay)
Medical Payments coverage, commonly called MedPay, is an optional add-on to both auto and motorcycle insurance policies in Arkansas.
MedPay is a no-fault coverage, meaning it pays for your medical expenses regardless of who caused the accident.
If you have MedPay on your motorcycle insurance policy, or even on your auto insurance policy, it can help cover your medical bills up to the policy limit.
MedPay limits typically range from $1,000 to $25,000, depending on what level of coverage you purchased.
One significant advantage of MedPay is that it generally pays without requiring you to meet a deductible and without subrogation rights in most cases.
This means the money MedPay pays toward your medical bills is usually yours to keep, even if you receive a settlement from the at-fault party later.
If you don’t currently have MedPay on your policies, this is something to seriously consider adding for future protection.
The premiums are typically very affordable, often just a few dollars per month, and the coverage can be invaluable after an accident.
Uninsured and Underinsured Motorist Coverage
Another crucial coverage type for Arkansas motorcyclists is Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
UM coverage protects you if you’re hit by a driver who has no insurance at all, while UIM coverage kicks in when the at-fault driver’s insurance limits aren’t enough to cover your damages.
Arkansas law requires insurance companies to offer UM/UIM coverage to policyholders, but you can reject it in writing.
Many people decline this coverage to save money on premiums without fully understanding how valuable it is.
Given that Arkansas has one of the higher rates of uninsured drivers in the country, with estimates suggesting around 15-20% of drivers lack insurance, this coverage is particularly important for motorcyclists.
If you have UM/UIM coverage on your motorcycle or auto policy and the at-fault driver doesn’t have enough insurance to cover your injuries, you can file a claim against your own UM/UIM coverage to make up the difference.
This coverage essentially acts as a safety net, protecting you from irresponsible drivers who don’t carry adequate insurance.
Arkansas Laws That Affect Your Motorcycle Accident Claim
Understanding Arkansas-specific laws is essential when dealing with insurance claims and potential injury lawsuits after a motorcycle accident.
These laws directly impact how much compensation you can recover and from whom.
Modified Comparative Fault
Arkansas follows a modified comparative fault rule under Arkansas Code § 16-64-122, which can reduce or eliminate your ability to recover damages depending on how much fault is assigned to you.
Under this rule, you can recover compensation from the at-fault party as long as you are less than 50% responsible for the accident.
However, your total recovery is reduced by your percentage of fault.
For instance, if you’re found to be 20% at fault for an accident and your total damages are $100,000, your recovery would be reduced by 20%, leaving you with $80,000.
If you’re found to be 50% or more at fault, you cannot recover any damages from the other party under Arkansas law.
Insurance adjusters often try to assign partial blame to motorcyclists, citing factors like lane positioning, speed, or visibility.
This makes it critical to document the accident scene thoroughly and preserve evidence that supports your version of events.
The Statute of Limitations
Arkansas has a three-year statute of limitations for personal injury claims, including motorcycle accidents, under Arkansas Code § 16-56-105.
This means you have three years from the date of the accident to file a lawsuit against the at-fault party.
While three years may sound like plenty of time, the reality is that building a strong case takes time, and waiting too long can result in lost evidence, faded memories, and difficulty locating witnesses.
On top of that, if you’re dealing with ongoing medical treatment and insurance negotiations, time can pass more quickly than you expect.
Starting the process early gives you the best chance of preserving evidence and building the strongest possible case.
Helmet Laws and Their Impact on Claims
Arkansas law requires all motorcycle riders and passengers to wear helmets that meet Department of Transportation (DOT) safety standards.
Not wearing a helmet can affect your injury claim if you suffered head injuries.
Insurance companies and defense attorneys may argue that your injuries were made worse because you failed to wear proper protective equipment.
Under comparative fault principles, this could result in a reduction of your damages, even if the other driver was primarily responsible for the accident.
This doesn’t mean you have no case if you weren’t wearing a helmet, but it does add a layer of complexity to your claim that requires careful handling.
Common Pitfalls to Avoid After a Motorcycle Accident
Dealing with health insurance, auto insurance, and potential injury claims simultaneously creates many opportunities for mistakes that can cost you money.
Being aware of these pitfalls can help you protect your interests and avoid common errors.
Giving Recorded Statements Without Preparation
Shortly after your accident, you’ll likely receive calls from insurance adjusters from both your own insurance company and the at-fault driver’s insurer.
These adjusters may seem friendly and sympathetic, but their job is to minimize what their company pays out.
Giving a recorded statement without proper preparation can result in your words being twisted or taken out of context to deny or reduce your claim.
You’re generally required to cooperate with your own insurance company, but you have no obligation to give a recorded statement to the other driver’s insurance company.
Before providing any statements, consider consulting with a personal injury attorney who can help you understand what to say and what to avoid.
Settling Too Quickly
After a motorcycle accident, you may be facing mounting medical bills, lost wages, and pressure to get your life back to normal.
Insurance companies know this and often make quick settlement offers designed to close your case before you fully understand the extent of your injuries.
The problem with accepting an early settlement is that motorcycle injuries often have delayed symptoms or require ongoing treatment that isn’t apparent in the first few weeks.
Once you accept a settlement and sign a release, you cannot go back and ask for more money, even if your injuries turn out to be more serious than initially thought.
Don’t sign anything or accept any settlement offers until you fully understand your injuries, your prognosis, and the total value of your claim.
Not Understanding Liens and Subrogation
As discussed earlier, your health insurance company may have a subrogation claim against your settlement, but they’re not the only ones who might be entitled to reimbursement.
If you received treatment at a hospital that provided services before confirming insurance coverage, they may have filed a medical lien against your case.
Medicare and Medicaid also have strong reimbursement rights if they paid for any of your treatment.
Failing to properly identify and address these liens before settling your case can result in legal problems down the road and unexpected demands for repayment.
Keeping detailed records of all medical treatment and bills, and working with professionals who understand how to handle liens, is essential to protecting your recovery.
Delaying Medical Treatment
Some motorcycle accident victims try to “tough it out” and delay seeking medical treatment, either because they think their injuries are minor or because they’re worried about the cost.
This is a mistake for two important reasons.
First, some serious injuries don’t show immediate symptoms but can worsen significantly if not treated promptly.
Internal bleeding, traumatic brain injuries, and soft tissue damage can all have delayed onset.
Second, delaying treatment creates gaps in your medical records that insurance companies will use to argue that your injuries weren’t caused by the accident or weren’t as serious as you claim.
See a doctor as soon as possible after any motorcycle accident, even if you feel okay initially.
Your health is the priority, and prompt treatment also creates important documentation linking your injuries to the accident.
Need Help With a Motorcycle Accident Claim in Arkansas?
Understanding how health insurance interacts with a motorcycle accident claim in Arkansas can be confusing, and the stakes are high when you’re dealing with serious injuries and mounting bills.
If you’ve been injured in a motorcycle accident, call our Arkansas motorcycle injury lawyers today.
Shamieh Law treats every client like family and has recovered over $250 million for injured clients.
When you call, you’ll work with a team that gets started on your case immediately and uses the latest resources to get you answers quickly.
Contact Shamieh Law today by calling 501-361-1334 to discuss your motorcycle accident case and learn how we can help you pursue the compensation you deserve.